Initial

Guidance…
PURPOSE

…TO THE POLICE AND PROBATION SERVICES ON SECTIONS 67&68 OF THE CRIMINAL JUSTICE AND COURT SERVICES ACT 2000
INTRODUCTION BACKGROUND

1. This guidance is issued
by the Secretary of State and underpins the duty under the Criminal Justice and Court Services Act 2000 to make joint arrangements for the assessment and management of the risks posed by sexual, violent and other offenders who may cause serious harm to the public. This duty commences on 1 April 2001.

2.

In recent years police and probation services have paid increasing attention to their role in protecting the public from sexual and violent offenders. Much work to develop this role has already taken place. All areas of England and Wales now have some inter-agency arrangements in place to assess and manage risks posed by sex offenders; and in most areas these arrangements cover violent offenders also. Many of these arrangements began when the Sex Offenders Act 1997 was implemented; others predated that Act. In most areas police and probation have jointly taken the lead and in many areas have been successful in negotiating the involvement of other agencies in the arrangements, notably Social Services, Health, and Local Authority Housing Departments. Since the Sex Offender Act, the government has introduced a number of further public protection measures. The Crime Sentences Act 1997 introduced mandatory life sentences for second time serious sex and violent offenders. The Crime and Disorder Act 1998 introduced Extended Sentences for sexual and violent offenders, and the Sex Offender Order. In December 2000, proposals for the management of dangerous offenders with severe personality disorder were published in the White Paper “Reforming the Mental Health Act”.

3.

The Criminal Justice and Court Services Act 2000, sections 67 and 68, seeks to increase public protection by building upon the existing interagency arrangements. It introduces a statutory duty on police and probation to make joint arrangements for the assessment and management of the risks posed by sexual and violent offenders, and other offenders who may cause serious harm to the public. The purposes of the new arrangements are to consolidate and develop existing work and to promote best practice and consistency across England and Wales. There is also a requirement to produce an annual report on the work carried out under the arrangements.

4.

Ministers’ intention is that effective and consistent public protection arrangements will exist in every police and probation area, following national guidance, but implemented locally to best suit local conditions and local needs. In addition to police and probation there are a number of statutory and voluntary agencies that have an important role to play in effective public protection. The National Probation Directorate will be working up a comprehensive strategy on the management of the risks posed by dangerous offenders. This will require the active participation of not just the police but all the other agencies involved. Our aim will be to achieve agreement across these agencies so as to put in place arrangements that will better protect the public.

Initial Guidance GUIDANCE

5.

Minimum Requirements
9.
As a first step towards consistent practice there will be minimum requirements for the arrangements made by Police and Probation, for the first year. Whilst the more comprehensive guidance to follow will assist in securing the involvement of other agencies and clarifying their roles, Police and Probation in the first year must seek to negotiate the involvement of Social Services, Health and Local Authority Housing. arrangements will need this information for later publication in the annual report

Work under the new statutory duty will develop and strengthen over time as the arrangements become established and bed in. This initial guidance is intended to assist with the immediate work necessary to enable police and probation to meet the requirement. During the course of the first year, work to produce more comprehensive guidance for the longer term will take place. This will involve a number of government departments and a wide ranging consultation exercise with all interested statutory and voluntary agencies nationally. The Youth Justice Board will, at the same time, draw up guidance specifically for young offenders. In the meantime local multi-agency arrangements made for the highest risk offenders must facilitate referral of young offenders as well as adults.

b)

Establish and agree systems and processes for sharing information and for inter-agency working on all the relevant offenders. The local arrangements made are based first and foremost on information sharing between agencies. Information needs to be shared on all the relevant offenders to enable risk assessments to be made and to be re-assessed if necessary over time. In many cases the sharing of information to inform the risk assessment will be the only inter-agency action required, with the risk management action taken as a result of the assessment resting with one agency alone. For example, there will be cases where the supervision provided by the probation service is sufficient to manage the assessed risk or where supervision has ended and the only active agency is the police. In other cases multi-agency action to manage the risk may be necessary from the outset, for example, where a sex offender on licence to the probation service may be monitored as a registered sex offender by the police, be receiving out patient treatment from health services and be accommodated within Local Authority housing provision.

Minimum requirements for the first year must:

a)

THE CRIMINAL JUSTICE AND COURT SERVICES ACT 2000

Establish Strategic Management Arrangements for reviewing and monitoring the effectiveness of the arrangements made and for revising them as necessary or expedient. The Strategic Management Arrangements must ensure the minimum requirements stated in the guidance are established. Specifically, the Act states that “ The responsible authority for each area must keep the arrangements established by it under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient.” Each area must therefore establish strategic management arrangements at senior management level to fulfil that requirement. Information gathered during monitoring will be used to inform local practice and to evaluate the effectiveness of the arrangements. Those with responsibility for the strategic management

6.

Section 67 of the Act requires the responsible authority in each area to establish arrangements to assess and manage the risks posed by relevant offenders, to keep those arrangements under review, and to publish an annual report on the arrangements made. The responsible authority for each area is the Chief Officer of Police and the Local Probation Board acting jointly.

7. 8.
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Section 68 defines relevant offenders as sexual and violent offenders and others who have committed offences and who may cause serious harm to the public.

The full text of the relevant sections of the Act is provided at Appendix A.

Initial Guidance

c)

Establish and agree systems and processes to ensure that only those critical few that require that additional consideration are referred to a Multi-Agency Public Protection Panel (MAPPP). In many cases, the sharing of information and general arrangements for inter-agency working will be sufficient to mange the risks posed by the offender. It is only those critical few cases which require additional action or resources, that should be referred to a MAPPP. The underlying principle should be that referral to the MAPPP will be limited to those cases in which the high risk of harm to the public can only be effectively managed on an inter-agency basis. The local arrangements must therefore determine criteria for referral to the MAPPP. We intend, as the strategy develops, to agree firmer definitions for levels of risk and the appropriate arrangements for handling in these. In the meantime, cases fitting any of the following criteria must be considered for referral to a MAPPP:
q q

d)

Establish and agree systems and processes for a Multi-Agency Public Protection Panel (MAPPP) for the highest risk cases, including young offenders. It is important for consistency that the multi-agency meeting arrangements made for the highest risk offenders in each area must be referred to as Multi-Agency Public Protection Panels (MAPPP). Agencies attending MAPPPs will at a minimum be police and probation services, but may - and often should - also include Social Services, Health, Local Authority Housing departments and other statutory and voluntary agencies locally determined. The role of the MAPPP at a minimum is to:
q

q

Consider need for community disclosure and other community issues. Agree a media strategy where appropriate.

q

e)

Consider resource allocation and multi-agency training. Senior managers will need to consider the resource implications of this work for all the agencies involved. Multi-agency training has already been carried out in many areas and may be beneficial in encouraging agencies to become involved.

f)

Community and media communications. Ministers intend that there will be regular communication between the police, probation service and other relevant agencies and the communities they serve about the steps being taken to protect them from sexual and violent offenders.

Share information on those offenders referred to it. Decide upon the level of risk posed by the offender. Recommend the action necessary to manage the risk including any contingencies. Monitor and ensure implementation of the agreed action. Review the level of risk and the action plan in the light of changes in circumstances or behaviour. Consider and manage necessary resources.

q

q

q

q q q

Imminence of serious harm May require unusual resource allocation. Serious community concerns. Media implications. Need to involve other agencies not usually involved.

q

q

This does not preclude arrangements being made locally for agencies to hold other inter-agency meetings, below the level of the MAPPP.

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Initial Guidance

Minimum Requirements
g)
Agree the Annual Report and statistics. The annual report should be a clear and accessible document that informs and reassures the public about the work taking place for their protection. For the first year, the report must contain:
q q

(continued)

The following items of statistical information along with a brief explanation of their significance: The number of registered sex offenders on 31 March each year. The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirement, between 1 April and 31 March. The number of Sex Offender Orders applied for and gained between 1 April and 31 March. The number of offenders considered under the arrangements prescribed by Sections 67 and 68 of the Act. The cost of the local arrangements, to include initial set up costs and staff hours.

i. ii.

A summary of the roles and responsibilities of police, probation and any other agency locally involved in the arrangements. This must include the results of efforts made to engage other agencies like Social Services, Health and Local Authority Housing. An outline of the arrangements made for the protection of the public, starting with the day to day work of the agencies involved and moving on through to the more specific arrangements for the highest risk offenders. A description of the strategic management arrangements to demonstrate that the work is subject to monitoring and evaluation. A description of the way that disclosure has been used to assist public protection, including any relevant examples. An outline of the work being done to ensure that victims are informed about the progress of the offender as outlined in Section 69 of the Criminal Justice and Court Services Act.

iii.

iv.
q

v.

q

The report should also contain local contact points that the public may use to relay any concerns they may have or to obtain information or support.

q

q

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Appendix A

Appendix A
CRIMINAL JUSTICE AND COURT SERVICES ACT 2000 Part III Chapter II Sexual or Violent Offenders Sections 67 and 68
Arrangements for assessing etc. risks posed by certain offenders. 67. - (1) In this section“relevant sexual or violent offender” has the meaning given by section 68, and “responsible authority”, in relation to any area, means the chief officer of police and the local probation board for that area acting jointly. (2) The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by(a) relevant sexual or violent offenders, and (b) other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public. (3) The responsible authority for each area must keep the arrangements established by it under review with a view to monitoring their effectiveness and making any changes to them that appear necessary or expedient. (4) As soon as practicable after the end of the period of 12 months beginning with the coming into force of this section and each subsequent period of 12 months, the responsible authority for each area must(a) prepare a report on the discharge by it during that period of the functions conferred by this section, and (b) publish the report in that area.

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Appendix A
(5) The report must include(a) details of the arrangements established by the responsible authority, and (b) information of such descriptions as the Secretary of State has notified to the responsible authority that he wishes to be included in the report. 6) The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section.

Section 67: interpretation. 68. - (1) For the purposes of section 67, a person is a relevant sexual or violent offender if he falls within
one or more of subsections (2) to (5). (2) A person falls within this subsection if he is subject to the notification requirements of Part I of the Sex Offenders Act 1997. (3) A person falls within this subsection if(a) he is convicted by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000), and (b) one of the following sentences is imposed on him in respect of the conviction(i) a sentence of imprisonment for a term of 12 months or more, (ii) a sentence of detention in a young offender institution for a term of 12 months or more, (iii) a sentence of detention during Her Majesty’s pleasure, (iv) a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), (v) a detention and training order for a term of 12 months or more, or (vi) a hospital or guardianship order within the meaning of the Mental Health Act 1983. (4) A person falls within this subsection if(a) he is found not guilty by a court in England or Wales of a sexual or violent offence (within the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity or to be under a disability and to have done the act charged against him in respect of such an offence, and (b) one of the following orders is made in respect of the act charged against him as the offence(i) an order that he be admitted to hospital, or (ii) a guardianship order within the meaning of the Mental Health Act 1983. (5) A person falls within this subsection if the first condition set out in section 28(2) or 29(2) or the second condition set out in section 28(3) or 29(3) is satisfied in his case. (6) In this section “court” does not include a court-martial or the Courts-Martial Appeal Court.
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Appendix B

Appendix B
DEFINITIONS
SERIOUS HARM
Harm which is life threatening or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult or impossible.

MAPPP
A multi-agency meeting established locally to consider those offenders who present the highest risks. Police and Probation as a minimum will attend, although other agencies may attend as necessary.

STRATEGIC MANAGEMENT ARRANGEMENTS
Senior Officers representing all the agencies involved in the arrangements established under the Act. Key responsibilities include the review and monitoring of the arrangements as a whole.

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Point of contact

Point of contact
This guidance has been produced in by the Home Office in conjunction with the Association of Chief Police Officers, the Association of Chief Probation Officers, Her Majesty’s Inspectorate of Constabularies and Her Majesty’s Inspectorate of Probation. Further advice can be obtained from: Carol Kellas Dangerous Offenders Unit, National Probation Directorate Home Office, Horseferry House, Dean Ryle Street, London. Tel: 020 7217 0744

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